§ 253.28 Halibut sablefish IFQ loans. ( a ) *Specific definitions.* For the purposes of this section, the following definitions apply: ( 1 ) Entry-level fishermen means fishermen who do not own any IFQ in the year they apply for a loan.
( 2 ) Fishermen who fish from small vessels means fishermen wishing to purchase IFQ for use on Category B, Category C, or Category D vessels, but who do not own, in whole or in part, any Category A or Category B vessels, as such vessels are defined in 50 CFR 679.40(a)(5) of this title.
( 3 ) Halibut sablefish quota share means a halibut or sablefish permit, the face amount of which is used as the basis for the annual calculation of a person's halibut or sablefish IFQ, also abbreviated as “HSQS” or “halibut/sablefish QS.”
( 4 ) Halibut/Sablefish IFQ means the annual catch limit of halibut or sablefish that may be harvested by a person who is lawfully allocated halibut or sablefish quota share, a harvest privilege for a specific portion of the total allowable catch of halibut or sablefish.
( b ) *Entry level fishermen.* The Program may finance up to 80 percent of the cost of purchasing HSQS by an entry level fisherman who: ( 1 ) Does not own any halibut/sablefish QS during the origination year;
( 2 ) Applies for a loan to purchase a quantity of halibut/sablefish QS that is not greater than the equivalent of 8,000 lb. (3,628.7 kg) of IFQ during the origination year;
( 3 ) Possesses the appropriate transfer eligibility documentation duly issued by RAM for HSQS;
( 4 ) Intends to be present aboard the vessel, as may be required by applicable regulations; and
( 5 ) Meets all other Program eligibility, qualification, lending and credit requirements.
( c ) *Fishermen fishing from small vessels.* The Program may finance up to 80 percent of the cost of purchasing HSQS by a fisherman who fishes from a small vessel, provided that any such fisherman shall: ( 1 ) Apply for a loan to purchase halibut or sablefish QS for use on vessel Categories B, C, or D, as defined under 50 CFR 679.40(a)(5) of this title;
( 2 ) Not own an aggregate quantity of halibut/sablefish QS (including the loan QS) of more than the equivalent of 50,000 lb. (22,679.6 kg) of IFQ during the origination year;
( 3 ) Not own, in whole or in part, directly or indirectly (including through stock or other ownership interest) any vessel of the type that would have been assigned Category A or Category B HSQS under 50 CFR 679.40(a)(5);
( 4 ) Possess the appropriate transfer eligibility documentation duly issued by the RAM for HSQS;
( 5 ) Intend to be present aboard the vessel, as may be required by applicable regulations, as IFQ associated with halibut/sablefish QS financed by the loan is harvested; and
( 6 ) Meet all other Program eligibility, qualification, lending and credit requirements.
( d ) *Refinancing.* ( 1 ) The Program may refinance any existing debts associated with HSQS an applicant currently holds, provided that— ( i ) The HSQS being refinanced would have been eligible for Program financing at the time the applicant purchased it, and
( ii ) The applicant meets the Program's applicable lending requirements.
( 2 ) The refinancing is in an amount up to 80 percent of HSQS' current market value; however, the Program will not disburse any amount that exceeds the outstanding principal balance, plus accrued interest (if any), of the existing HSQS debt being refinanced.
( 3 ) In the event that the current market value of HSQS and principal loan balance do not meet the 80 percent requirement in paragraph (d)(2) of this section, applicants seeking refinancing may be required to provide additional down payment.
( e ) *Maturity.* Loan maturity may not exceed 25 years, but may be shorter depending on credit and other considerations.
( f ) *Repayment.* Repayment will be by equal quarterly installments of principal and interest.
( g ) *Security.* Although quota share(s) will be the primary collateral for a HSQS loan, the Program may require additional security pledges to maintain the priority of the Program's security interest. The Program, at its option, may also require all parties with significant ownership interests to personally guarantee loan repayment for any applicant that is a corporation, partnership, or other entity. Subject to the Program's credit risk determination, some projects may require additional security, collateral, or credit enhancement.
( h ) *Crew member transfer eligibility certification.* The Program will accept RAM certification as proof that applicants are eligible to hold HSQS. The application of any person determined by RAM to be unable to receive such certification will be declined. Applicants who fail to obtain appropriate transfer eligibility certification within 45 working days of the date of application may lose their processing priority.
( i ) *Program credit standards.* HSQS loans, regardless of purpose, are subject to all Program general credit standards and requirements. Collateral, guarantee and other requirements may be adjusted to individual credit risks.